5 - The structure of international EIA commitments

Summary

Introduction

The most visible influence of domestic EIA systems on their international counterparts is the adoption of the same elements in international EIA commitments. Not surprisingly, many of the difficulties found in domestic EIA are evident in international disputes over EIA, such as disputes regarding whether an EIA is required, and the adequacy of any EIA reports prepared. However, translating domestic decision-making processes into an international context raises a unique set of challenges which have necessitated the development of distinctly international responses. The requirement to involve other states and the publics of other states, for example, requires the creation of specialized rules regarding notice and consultation, as well as mechanisms for receiving extraterritorial environmental information. The uncertain availability of judicial review, which has played a critical role in the development of domestic EIA, raises questions about the need for mechanisms that will both resolve disputes and provide for authoritative interpretations and elaboration of EIA obligations. In addition to these more procedurally oriented differences, international law also presents a distinct substantive context for EIA commitments. As in domestic EIA systems, the link between substantive environmental outcomes and international EIA commitments is often made in explicit, but highly abstracted terms. In this connection, this chapter describes how the various elements of the EIA process are implemented in international EIA commitments with an emphasis on how these commitments reflect and implement the wider international context.